In particular, section 15 prohibits a person from acting as a student loan servicer without obtaining a license from the Commissioner to do so, and also sets forth the persons exempted from this applyinglicensure forrequirement. a license, including, without limitation, the payment of a license fee and an investigation fee and the submission of a surety bond.

Section 16 of this bill sets forth various requirements for applying for a license, including, without bond.

Section 20 of this bill requires the Commissioner to issue a license to persons who engage in student loan servicing in this State only pursuant to certain contracts with the federal government without requiring those persons to comply with the standard requirements for the issuance comply with other relevant provisions of law;a license.

andSection (2)20: provides for the expiration of - 82nd Session (2023) – 2 – such a license not later than 37 days after the expiration, revocation or termination of the federal contract that provided the basis for the issuance of the license.

Sections(1) 20.1-20.8requires ofpersons thiswho billare authorizeissued thesuch Commissioner:a license to comply with other relevant provisions of law;

and (2) provides for the expiration of such a license not later than 37 days after the expiration, revocation or termination of the federal contract that provided the basis for the issuance of the license.

Sections 20.1- 20.8 of this bill authorize the Commissioner:

(1) requires the Commissioner to report to the Registry certain information concerning violations of applicable laws by applicants for licensure and licensees;

and (2)ng(2) authorizes authorizes the Commissioner toto: enter into certain agreements with certain entities.

Section(1) 20.2require authorizesan applicant for licensure or a licensee2 seeking to renew a license to submit a complete set of fingerprints when the Commissioner to:determines necessary;

(1) require an applicant for licensure or a licensee seeking to renew a license to submit a complete set of fingerprints when the Commissioner determines necessary;

Specifically, section 22 sets forth requirements applicable to a licensee ceasing to engage in the business of student loan servicingwho inprovides thisa State.check or other method of payment to the Commissioner which is returned or person otherwise dishonored.

Section 2324 ofrequires thislicensees billand setsapplicants forthfor requirementslicenses to notify the Commissioner whichof isany returnedchanges orin otherwisecertain dishonored.information provided to the Commissioner.

Section 24 requireshe licensees and applicants for licenses to notify the Commissioner of any changes in certain information provided to the Commissioner.

Section 32 also prohibits a private education lender from acceleratingSection repayment33 of athis bill establishes the rights and duties of private education loanlenders except in cases of the total and permanent disability of a defaultprivate ineducation payment.loan borrower or his or her cosigner.

SectionSections 3334-36 of this bill establishesset theforth rightsrequirements and dutiesprohibitions of private education lenders in cases of the total and permanent disability of a private education loan borrower or his or her governing the business practices and other actions of private education lenders.

(4) authorize theAssembly CommissionerAmendment toNo. retain certain professionals and specialists, enter into certain agreements and use certain resources for the purposes of investigations and examinations;

(5)440 describe the scope of the authority of the Commissioner with regard to investigationsAssembly andBill -No. 82nd Session (2023) – 3 – examinations;

and332 (6)Page prohibit5 athe studentCommissioner loanto servicerretain orcertain otherprofessionals personand underspecialists, examinationenter orinto investigationcertain fromagreements knowinglyand withholdinguse orcertain otherwiseresources preventingfor accessthe topurposes informationof relatinginvestigations toand theexaminations; examination or investigation.

(5) describe the scope of the authority of the Commissioner with regard to investigations and examinations;

from knowingly withholding or otherwise preventing access to information relating to theion examination or investigation.

and (3) supervision and Sectionsexaminations 39by andthe 53Commissioner ofor thisDivision. bill require a licensed student loan servicer to pay those assessments.

(NRS 658.055, 658.098, 658.101) Sections 39 and 53 of this bill require a licensed student loan servicer to pay those assessments.

Section 44 sets forth grounds upon which the Commissioner may deny an application for student loan servicer and a licenseprivate oreducation suspend,lender revoketo comply with certain federal laws anda regulations, and deems a violation of those federal laws or refuseregulations to renewbe a license.violation of Nevada law .

Section[upon 46which ofthe thisCommissioner billmay requiresact.] aSections student47, loan48 servicer and a50 private education lender to comply with certain federal laws and regulations, and deems a violation of thosethis federal bill establish the rights, remedies and penalties available for violations of the new chapter.

Existing law establishes the duties of the Student Loan Ombudsman designated by the State Treasurer.

Those duties include receiving, reviewing and attempting to resolve Student Loan Ombudsman to make those complaints fromavailable studentto loanthe borrowers.Attorney General.ires the Section 55 of this bill makes a conforming change to indicate the proper placement of section 54 in the Nevada Revised Statutes.

(NRS[Section 226.570)57 Section 54 of this bill requiresimposes thecertain Studentrequirements Loanon Ombudsmanpostsecondary educational institutions with respect to makethe thosepresentation complaintsof availableaccurate information about the institution to the AttorneyCommission General.on Postsecondary Education within the Employment Security Division of the Department of Employment, Training and Rehabilitation.

Section 5557 ofalso thisrequires billpostsecondary makeseducational ainstitutions conformingto changetimely tonotify indicatethe Commission on Postsecondary Education if the properinstitution placementbecomes ofsubject sectionto 54an ininvestigation theby Nevadaan Revisedoversight Statutes.entity.

EXPLANATIONSection –58 Matterof inthis boldedbill italicsrequires isthat new;the funds to carry out the provisions of section 57 be provided by legislative appropriation from the General Fund.

matterSection between59 bracketsof [omittedthis material]bill provides that a person who willfully violates the provisions of section 57 is materialguilty toof bea omitted.gross misdemeanor.] THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

or -Assembly 82ndAmendment SessionNo. (2023) – 4 – (b) A person who is authorized to participate in direct or indirect control of the management or policies of a student loan servicer, licensee or applicant for a license.

440 to Assembly Bill No.

332 Page 6 (b) A person who is authorized to participate in direct or indirect control of the management or policies of a student loan servicer, licensee or applicant for a license.

As used in this section, “executive officer” means an officer, manager, partner or managing member of a student loan servicer, licensee or applicant for a license.

“Nationwide Multistate Licensing System and NRSRegistry” 604A.083.“Registry”or “Registry” has the meaning ascribed to it in Sec.NRS 604A.083.

Sec.

[or] (c) An operating subsidiary if each owner of the operating subsidiary is wholly owned by the same bank or credit union;union [.] ;

- 82nd Session (2023) – 5 – (a) Extended to a consumer expressly, in whole or in part, for postsecondary educational expenses, regardless of whether the loan is provided by the educational institution that the student attends;

and (b) Not made, insured or guaranteed under Title IV of the Higher Education Act of 1965, 20 U.S.C.

§§ 1070 et seq.fseq. the 2.

2.

Sec.Assembly Amendment No.

440 to Assembly Bill No.

332 Page 7 Sec.

“Student loan servicer” means any person, wherever located, responsible for the servicing of any student education loan to any student loan borrower.

During a period in which no payment is required on a student education loan, maintaining account records for a student - 82nd Session (2023) – 6 – education loan and communicating with the student loan borrower on behalf of the owner of the promissory note for the student education loan;

Interacting with a student loan borrower concerning a student education loan [with the goal of helping the student loan borrower avoid] , including activities to prevent default on the student education loan,loan [or facilitating] , to facilitate the activities described in subsection 1 or 2.

(a) Any bank, savings and loan association, savings bank, anotherthrift statecompany or thecredit Federalunion, Government.charteredwhether chartered by this State, (b)another Anystate whollyor ownedthe subsidiaryFederal ofGovernment. any person identified in paragraph (a).

(c)(b) Any operating subsidiary of any person identified in paragraph (a) if each owner of the operating subsidiary is wholly owned bysubsidiary theof sameany person identified in paragraph (a).

Assembly Amendment No.

440 to Assembly Bill No.

332 Page 8 (c) Any operating subsidiary of any person identified in paragraph (a) if each owner of the operating subsidiary is wholly owned by the same person identified in paragraph (a).

A financial statement prepared by a certified public accountant or a public accountant, the accuracy of which is sworn to under oath before a notary public by the proprietor, a general - 82nd Session (2023) – 7 – partner or a corporate officer or a member authorized to execute such documents;

Any[Written otherconsent informationauthorizing requested by the Commissioner orto otherwiseconduct requireda inbackground connectioninvestigation withof the evaluationapplicant andand, licensure;ionif applicable, each control person of the applicant’sapplicant, qualificationsincluding, andwithout suitabilitylimitation, forauthorization 3.to obtain:

(a) An independent credit report from a consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act, 15 U.S.C.

§ 1681a(f);

(b) A criminal history report from the Federal Bureau of Investigation or any criminal history repository of any state, national or international governmental agency or entity;

and (c) Information related to any administrative, civil or criminal proceedings in any jurisdiction in which the applicant, or a control person of the applicant, is or has been a party;

3.

A complete set of fingerprints of the applicant or, if the applicant is not a natural person, a complete set of fingerprints of each control person of the applicant, and written permission authorizing the Division of Financial Institutions to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

4.] Any other information requested by the Commissioner or otherwise required in connection with the evaluation and investigation of the applicant’s qualifications and suitability for licensure;

[5.] 3.

[6.] 4.

and [7.] 5.

renewed3. by the Commissioner if the applicant or any controled or person of an applicant:

A license as a student loan servicer may not be issued or renewed by the Commissioner if the applicant or any control person of an applicant:

or (b)Assembly IndicatesAmendment onNo. the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

440 to Assembly Bill No.

332 Page 9 (b) Indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

If an applicant or a control person indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the - 82nd Session (2023) – 8 – Commissioner shall advise the applicant or control person, as applicable, to contact the district attorney or other public agency enforcing the order to determine the actions that he or she may take to satisfy the arrearage.

pursuant5. to NRS 425.540 that provides for the suspension of allsued professional, occupational and recreational licenses, certificates and permits issued to an applicant or control person, the Commissioner shall deem that license to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the applicant or control person by the district attorney or other public agency pursuant to NRS 425.550 stating that he or she has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to an applicant or control person, the Commissioner shall deem that license to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the applicant or control person by the district attorney or other public agency pursuant to NRS 425.550 stating that he or she has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Deleted[Except byas amendment.)otherwise Sec.provided in section 20 of this act:

1.

In addition to any other requirements set forth in this chapter, a natural person who applies for the issuance or renewal of a license as a student loan servicer or, if the applicant is not a natural person, each control person of the applicant, shall submit to the Commissioner the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.

2.

The Commissioner shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license;

or (b) A separate form prescribed by the Commissioner.

3.

A license as a student loan servicer may not be issued or renewed by the Commissioner if the applicant or any control person of an applicant:

(a) Fails to submit the statement required by subsection 1;

or (b) Indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4.

If an applicant or a control person indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Commissioner shall advise the applicant or control person, as applicable, to contact the district attorney or other Assembly Amendment No.

440 to Assembly Bill No.

332 Page 10 public agency enforcing the order to determine the actions that he or she may take to satisfy the arrearage.

5.

If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to an applicant or control person, the Commissioner shall deem that license to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the applicant or control person by the district attorney or other public agency pursuant to NRS 425.550 stating that he or she has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

6.

The Commissioner shall reinstate a license as a student loan servicer that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the applicant or a control person of the applicant stating that the applicant or control person, as applicable, has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.] (Deleted by amendment.) Sec.

Except as otherwise provided in section 20 of this act, upon the filing of an application for an initial license and the payment of the license fee and the investigation fee and submission of the surety bond required by section 16 of this act, the Commissioner shall investigate the financial condition andct,and responsibility, financial and business experience, character and general fitness of the applicant.

- 82nd Session (2023) – 9 – (c) A corporation or association, the president, chairperson of the executive committee, senior officer responsible for the corporation’s business and chief financial officer or any other person who performs similar functions as determined by the Commissioner, each director, each trustee and each shareholder owning 10 percent or more of each class of the securities of such corporation is in all respects properly qualified and of good character;

Sec.Assembly Amendment No.

440 to Assembly Bill No.

332 Page 11 Sec.

A person seeking to act as a student loan servicer is exempt from the application procedures described in subsections 1 [to 4, inclusive,] and 2 of section 16 of this act and section 20.6 of this act upon a determination by the Commissioner that the person’s student loan servicing performed in this State is conducted pursuant to a contract awarded by the United States Secretary of Education pursuant to 20 U.S.C.

TheatesThe Commissioner shall, by regulation, prescribe the procedure for documenting a person’s eligibility for this exemption.

and (b) Deem the person to have satisfied all requirements set forth in [section] sections 16 and 20.6 of this act.

(a) Is exempt from the requirements of sections 17, [18 and] 19 and 20.2 of this act;

and (b) Shall, except to the extent that those requirements are inconsistent with federal law, comply with all other applicable - 82nd Session (2023) – 10 – provisions of this chapter, including, without limitation, the record retention requirements set forth in section 28 of this act.

A person issued a license pursuant to this section shall provide the Commissioner with written notice within 7 days after notification of the expiration, revocation or termination of a contract awarded by the United States Secretary of Education a pursuant to 20 U.S.C.

The person must satisfy all requirements set forth in [section] sections 16 and 20.6 of this act not later than 30 days after submitting such notice to the Commissioner in order to continue to act as a student loan servicer.

(a) Facilitating and participating in the establishment and imp(b)implementation Establishingof relationships or contracts with the Registry or other entities designated by the Registry;

(b) Establishing relationships or contracts with the Registry or other entities designated by the Registry;

(4)Assembly PayAmendment anyNo. applicable fees;

and440 -to 82ndAssembly SessionBill (2023)No. – 11 – (5) Engage in any other activity that the Commissioner may require;

and332 (f)Page Authorizing12 the(4) RegistryPay to,any onapplicable behalffees; of the Commissioner, collect fingerprints in order to receive or contact a background licensee.the criminal history of an applicant for a license or a 2.

and (5) Engage in any other activity that the Commissioner may require;

and (f) Authorizing the Registry to, on behalf of the Commissioner, collect fingerprints in order to receive or contact a background check on the criminal history of an applicant for a license or a licensee.

2.

The Commissioner may use the services of the Registry to process and to submit the fingerprints to the Federal Bureau of Investigation, to the Central Repository for Nevada Records of Criminal History, to any federal or state law enforcement agency or to any other entity authorized to receive such information for the purpose of conducting a background check of the criminal history of an applicant for a license or a licensee.criminallicensee. Sec.

Sec.

Such information and material may be shared with federal and state regulatory officials with oversight - 82nd Session (2023) – 12 – authority over licensees without the loss of privilege or the loss of confidentiality protections provided by federal or state law.

The Commissioner may enter into agreements or sharing arrangements with other governmental agencies, the Conference otherof associationsState representingBank governmentalSupervisors, agencies.ry,the State Regulatory Registry, LLC, or Sec.other associations representing governmental agencies.

Sec.

2.Assembly Amendment No.

440 to Assembly Bill No.

332 Page 13 2.

and (b) Additional independent credit reports and credit scored to requirementsconfirm concerningthat financialthe responsibility;thapplicant continues to comply with any applicable 3.requirements concerning financial responsibility;

3.

- 82nd Session (2023) – 13 – 4.

A license issued pursuant to this chapter expires on December 31 of each year following its issuance, unless renewed or earlier surrendered, suspended or revoked pursuant to this chapter.

A licensee may renew [the license] a license issued pursuant to section 19 of this act by filing with the Commissioner an application containing the documents and fees set forth in section 16 of this act for an initial license.

A licensee may renew a license issued pursuant to section 20 of this act by filing with the Commissioner, before the expiration of the license, an application containing any documents and fees required pursuant to section 20 for an initial license.tslicense. 4.

4.

Not later than 15 days after a licensee ceases to engage in the business of student loan servicing in this State for any reason, including, without limitation, a business decision to terminate operations in this State, license revocation,Assembly bankruptcyAmendment orNo. voluntary dissolution, the licensee shall provide written notice of surrender to the Commissioner and shall surrender to the Commissioner its license for each location in which the licensee has ceased to engage in such business.

-440 82nd Session (2023) – 14 – subsection 1 must identify the location where the records of the licensee will be stored and the name, address and telephone number of a natural person authorized to provideAssembly accessBill toNo. the records.

332 Page 14 revocation, bankruptcy or voluntary dissolution, the licensee shall provide written notice of surrender to the Commissioner and shall surrender to the Commissioner its license for each location in which the licensee has ceased to engage in such business.

2.

A written notice of surrender provided pursuant to subsection 1 must identify the location where the records of the licensee will be stored and the name, address and telephone number of a natural person authorized to provide access to the records.

If the Commissioner determines that a check or other method of payment which is provided to the Commissioner to pay any fee required pursuant to this chapter has been returned to the Commissioner or otherwise dishonored because the person had insufficient money or credit with the drawee or financial institution to pay the check or other method of payment or because the person stopped payment on the check or other method of because payment, the Commissioner shall automatically refuse to issue, suspend or refuse to renew the license, as applicable.

The Commissioner shall notify the applicant, in writing, that if the applicant fails to submit such information not later than 60 days after the date on whichowhich submit such a request for information was made, the application shall be deemed abandoned.

A licensee shall not act as a student loan servicer or engage in student loan servicing under any other name or at any -other 82ndplace Sessionof (2023)business –than 15that –identified licensee must notify the Commissioner in advance of any changehe of location of a place of business of the licensee.license.

The licensee must notify the Commissioner in advance of any change of location of a place of business of the licensee.

Except [as otherwise provided by] to the extent inconsistent with federal law or regulation, a student loan servicer shall:

and (2) Providing information relating to the inquiry, and, if applicable, the action the student loan servicer will take to correct the account or an explanation ofAssembly theAmendment studentNo. loan servicer’s position that the student loan borrower’s account is correct, within (b) Inquire of a student loan borrower how to apply an overpayment to a student education loan.

440 to Assembly Bill No.

332 Page 15 of the student loan servicer’s position that the student loan borrower’s account is correct, within 30 business days.

(b) Inquire of a student loan borrower how to apply an overpayment to a student education loan.

If there are multiple loans on a student loan borrower’s account at an equal stage of delinquency, a student loan servicer shall satisfy the requirements of this subsection by applying the partial payment to satisfy as many individual loan payments as possible on the student loan many borrower’s account.

If the sale, assignment or other transfer of the servicing of a student education loan results in a change in the identity of the - 82nd Session (2023) – 16 – person to whom a student loan borrower is required to send payments or direct any communication concerning the student education loan:

(a) As a condition of a sale, an assignment or any other transfer of the servicing of a student education loan, require the new student loan servicer to honor all benefits originallyuireoriginally the represented as available to the student loan borrower during the repayment of the student education loan and preserve the availability of those benefits, including, without limitation, any benefits for which the student loan borrower has not yet qualified;

A student loan servicer who obtains the right to service a student education loan shall adopt policies and procedures to verify that the student loan servicer has received all information regarding the student loan borrower, the account of the student loan borrower and the student education loan of the student loan borrower including, without limitation, the repayment status of the student loan borrower and any benefits associated with the student edu4.tiAeducation student loan servicerof shall evaluate a student loan borrower for eligibility for an income-driven repayment program before placing the student loan borrower in forbearance or default if an income-driven repayment program is available to the student loan borrower.

4.

A student loan servicer shall evaluate a student loan borrower for eligibility for an income-driven repayment program before placing the student loan borrower in forbearance or default if an income-driven repayment program is available to the student loan borrower.

[A] Except to the extent inconsistent with federal law or regulation, a student loan servicer shall maintain a record of each transaction relatingAssembly toAmendment aNo. student education loan for not less than 2 years following the final payment on the student education loan or the assignment of the student education loan, whichever occurs first, or such longer period as may be required by any other provision of law.

440 to Assembly Bill No.

332 Page 16 relating to a student education loan for not less than 2 years following the final payment on the student education loan or the assignment of the student education loan, whichever occurs first, or such longer period as may be required by any other provision of law.

Upon the request of the Commissioner, a person required to maintain records pursuant to subsection 1 shall make such records available to the Commissioner, or send the records to the - 82nd Session (2023) – 17 – Commissioner, in the manner required by the Commissioner, not later than 5 business days after requested by the Commissioner.

Upon the person’s request, the Commissioner may allow additional time to make the records available to the Commissioner or Sec.to send the records to the Commissioner.

Sec.

Refuse to communicate with an authorized representative of (a)the Providesstudent aloan writtenborrower authorizationif signed by the studentauthorized loanrepresentative: borrower;

(a) Provides a written authorization signed by the student loan borrower;

Fail to respond within 15 business days to a consumer complaint submitted to the student loan servicer by the -Commissioner 82ndor Session (2023) – 18 – the studentOffice loan servicer may request additional time to respond, to the complaint, up to a maximum of 45 business days, provided that the requestAttorney isGeneral. accompanied by an explanation of why additional time is reasonable and necessary.

If necessary, the student loan servicer may request additional time to respond to the complaint, up to a maximum of 45 business days, provided that the request is accompanied by an explanation of why additional time is reasonable and necessary.

or (b)Assembly TakesAmendment unreasonableNo. advantage of any of the following:

440 to Assembly Bill No.

332 Page 17 (b) Takes unreasonable advantage of any of the following:

(2) The inability of a student loan borrower to protect the interests of the student loan borrower when selecting or using a student education loan or feature, term or condition of a student education loan;

(a) How the private education loan obligation will appear on the cosigner’s credit;

education loan obligation will appear on (b) How the cosigner will be notified if the private education loan becomes delinquent;

and (d) The eligibility of the cosigner to be released from his or her obligation on the private education loan, including, without limitation, the number of on-time payments and any other criteria - 82nd Session (2023) – 19 – required to approve the release of the cosigner from his or her obligation on the private education loan.

For any private education loan that obligates a cosigner, a private education lender shall provide the private education loan borrower and the cosigner an annual written notice containing information about the release of the cosigner from his or her obligation on the private education loan, including, without limitation:

The written notice shall include a description of the information needed to consider the furnishapplication thecomplete missingand information.ethe date by which the applicant must 5.furnish the missing information.

Assembly Amendment No.

440 to Assembly Bill No.

332 Page 18 5.

The private education lender shall also provide any notices of adverse action - 82nd Session (2023) – 20 – required under applicable federal law if the denial is based in whole or in part on any information contained in a consumer credit report.

In response to a written or oral request for cosigner describedrelease, ina subsectionprivate 2.oneducation lender shall provide the information 7.described in subsection 2.

7.

[A] For any private education loan made on or after January 1, 2024, a private education lender shall not require more than 12 consecutive, on-time payments as criteria for cosigner release.

Any private education loan borrower who has paid the equivalent of 12 months of principal and interest payments within any 12-month period shall be deemed to have satisfied the consecutive, on- time payment requirement, even if the private education loan borrower has not made payments monthly duringeduring the 12-month period.

-The 82ndprivate Sessioneducation (2023)loan –borrower 21may –request review of the determination made regarding cosigner release by anotherfanother the employee of the private education lender.

A private education lender shall establish and maintain a comprehensive record management system reasonably designed to ensure the accuracy, integrity and completeness of data and other information about cosigner release applications and to ensure compliance with applicable state and federal laws, including, without limitation, the federal Equal Credit Opportunity Act,Assembly 15Amendment U.S.C.No.

440 to Assembly Bill No.

332 Page 19 Act, 15 U.S.C.

documents14. and records for a private education loan borrower, theto private education lender shall provide equivalent electronic access to the cosigner.

If a private education lender provides electronic access to documents and records for a private education loan borrower, the private education lender shall provide equivalent electronic access to the cosigner.

3.

In the event of the death or bankruptcy of a cosigner:

- 82nd Session (2023) – 22 – 4.

A private education lender shall not place any private education loan or account into default or accelerate a private education loan while a private education loan borrower is seeking a loan modification or enrollment in a flexible repayment plan, except that a private education lender may place a loan or account into default or accelerate a loan for payment default 90 dayscountdays following the private education loan borrower’s default.

A private education lender shall notify a private education loan borrower and cosigner for a private education loan if either a private education loan borrower or cosigner is released from the obligations of the private education loan under this section, within 30 days after the release.

If a cosigner is released from the obligations of a private education loan pursuant to section 31 of this act, the private edu(a) Require the private education loanlender borrowershall tonot: obtain another cosigner on the private education loan obligation.

(b)(a) DeclareRequire a default or accelerate the debt against the private education loan borrower onto theobtain soleanother basis of the release of the cosigner fromon the private education loan obligation.

Assembly Amendment No.

440 to Assembly Bill No.

332 Page 20 (b) Declare a default or accelerate the debt against the private education loan borrower on the sole basis of the release of the cosigner from the private education loan obligation.

- 82nd Session (2023) – 23 – 6.

(a) Has been determined by the United States Secretary of Veterans Affairs to be unemployable due to a service-connected dis(b)disability; Is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has lasted for a continuous period of not less than 12 months or can be expected to last for a continuous period of not less than 12 months.

or (b) Is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has lasted for a continuous period of not less than 12 months or can be expected to last for a continuous period of not less than 12 months.

(b) Establish and consistently implement policies and procedures that facilitate the evaluation of private education loan flexible repayment option requests, including, without limitation,nlimitation, policies and procedures that provide accurate information regarding any private education loan flexible repayment option that:

- 82nd Session (2023) – 24 – (1) The total cumulative principal and interest amount of all private education loans owed by the private education loan borrower or cosigner to the private education lender;

(2) The total payoff amount of the loans listed in subpar(3)subparagraph Estimated(1); monthly payment amounts if the private education loan borrower or cosigner were to enroll in a flexible repayment plan offered by the private education lender.

and Assembly Amendment No.

440 to Assembly Bill No.

332 Page 21 (3) Estimated monthly payment amounts if the private education loan borrower or cosigner were to enroll in a flexible repayment plan offered by the private education lender.

Establish and maintain records and permit the Division of Financial Institutions to access and copy any records required to be maintained pursuant to the provisions of this chapter;

anddand to 2.

-1. 82nd Session (2023) – 25 – suspension, license revocation or termination or general orlicense specific inquiry or investigation to determine compliance with this chapter, the Commissioner may access, receive and use any books, accounts, records, files, documents, information or evidence, including, without limitation:

For purposes of initial licensing, license renewal, license suspension, license revocation or termination or general or specific inquiry or investigation to determine compliance with this chapter, the Commissioner may access, receive and use any books, accounts, records, files, documents, information or evidence, including, without limitation:

For the purposes of investigating violations or complaints arising under this chapter or for the purposes of examination, the Commissioner may review, investigate or examine any student loan servicer or other person subject to this chapter as often as necessary in order to carry out the purposes of this chapter.

The Commissioner may direct, subpoena or order the attendance of and examine under oath any person whose testimony may be required regarding a student education loan, the business of a student loan servicer or the subject matter of any examination or investigation, and may direct, subpoena or order such a personAssembly toAmendment produceNo. books, accounts, records, files and any other documents the Commissioner deems relevant to the inquiry.

440 to Assembly Bill No.

332 Page 22 person to produce books, accounts, records, files and any other documents the Commissioner deems relevant to the inquiry.

The Commissioner may take possession of the documents and records or place a person in exclusive charge of the documents and records in the place where notthey removeare orusually attemptkept. to remove any of the documents and recordsall except pursuant to a court order or with the consent of the Commissioner.

UnlessDuring the Commissionerperiod has reasonable grounds to believe the documents or records of thecontrol, studenta loan servicer or other person undershall examinationnot orremove investigation have been, or areattempt atto riskremove ofany being, altered or destroyed for purposes of concealing a violation of this chapter, the student loan servicer, the other person under examination or investigation or the owner of the - 82nd Session (2023) – 26 – documents and records mustexcept bepursuant allowed access to thea documentscourt order or recordswith asthe necessaryconsent toof conductthe ordinaryCommissioner. business affairs.

Unless the Commissioner has reasonable grounds to believe the documents or records of the student loan servicer or other person under examination or investigation have been, or are at risk of being, altered or destroyed for purposes of concealing a violation of this chapter, the student loan servicer, the other person under examination or investigation or the owner of the documents and records must be allowed access to the documents or records as necessary to conduct ordinary business affairs.

At least once each year, the Commissioner or his or her authorized representative shall conduct an investigation and exa5.naInexamination addition to the fees prescribed in section 16 of thiseach act, if it becomes necessary to examine or investigate the books and records of a licensee pursuant to this chapter,section. the licensee shall be liable for and shall pay to the Commissioner, within 30 days after the presentation of an itemized statement therefor, an amount determined by the Commissioner at the rate for supervision and examination of a financial institution established and, if applicable, adjusted pursuant to NRS 658.101.

5.

In addition to the fees prescribed in section 16 of this act, if it becomes necessary to examine or investigate the books and records of a licensee pursuant to this chapter, the licensee shall be liable for and shall pay to the Commissioner, within 30 days after the presentation of an itemized statement therefor, an amount determined by the Commissioner at the rate for supervision and examination of a financial institution established and, if applicable, adjusted pursuant to NRS 658.101.

In conducting such monitoring, the Commissioner may compile and analyze data and other inf(a)information The likely risk and costs to consumersassess: associated with using or repaying a student education loan or with the servicing of a student education loan;

(a) The likely risk and costs to consumers associated with using or repaying a student education loan or with the servicing of a student education loan;

and -Assembly 82ndAmendment SessionNo. (2023) – 27 – (f) The type, number and other pertinent characteristics of private education lenders and student loan servicers in this State.

440 to Assembly Bill No.

332 Page 23 (f) The type, number and other pertinent characteristics of private education lenders and student loan servicers in this State.

To the extent that state law is not preempted by federal law, in conducting monitoring or assessment pursuant to this section the Commissioner may gather information regarding the organization, business conduct, markets and activities of private education lenders and student loan servicers in this State.

In addition to any other monitoring activities authorized by this section, the Commissioner may gather and compile information from private education lenders and student loan servicers to assemble data concerning the total size of the student education loan market in this State, the servicing of student education loans owed by borrowers at risk of default, the servicing of private education loans owed by borrowers experiencing servicing financial distress and the servicing of federal student education loans for borrowers who seek to repay their loans under an income-driven repayment plan, as described in 20 U.S.C.

-Sec. 82nd Session (2023) – 28 – Commissioner may:rry out the purposes of this chapter, the 1.

41.

To carry out the purposes of this chapter, the Commissioner may:

1.

and5.and 5.

Accept audit reports made by an independent certified public accountant for a student loan servicer or other person under examination or investigation in the course of that part of the examination covering the same general subject matterAssembly asAmendment theNo. audit and may incorporate the audit report in any report of examination, report of investigation or other writing of the Commissioner.

440 to Assembly Bill No.

332 Page 24 matter as the audit and may incorporate the audit report in any report of examination, report of investigation or other writing of the Commissioner.

A student loan servicer or other person under examination or investigation pursuant to this chapter shall not knowingly withhold, abstract, remove, mutilate, destroy or secrete any books, records, computer records or other information relatederelated to an investigation or examination conducted pursuant to this chapter.

- 82nd Session (2023) – 29 – 1.

With regard to a licensee or a control person of the licensee, any fact or condition exists which, if it had existed at the time of the original application for the license, would havetedhave at the resulted in a denial of the application;

A student loan servicer and private education lender shall comply with all applicable federal laws and regulations relating to student loan servicing [,] or lending, including, without limitation, the Truth in Lending Act, 15 U.S.C.

In addition to any other remedies provided by law, a violation of any such federal law or regulation shall be deemed a violation of this chapter.chapter .

[and a basis upon which the Commissioner may take action pursuant to this chapter.] Sec.

A person who suffers damage as a result of the failure of a student loan servicer or private education lender to comply with the provisions of this chapter may bring an action on his or her own behalf and on behalf of a similarly situated class of persons against that student loan servicer or private education len(a)lender Actualto damages,recover butor inobtain: no case may the total award be less than $500 per plaintiff, per violation;

(a) Actual damages, but in no case may the total award be less than $500 per plaintiff, per violation;

In addition to any other remedies provided by this section or otherwise provided by law, whenever it is proven by a preponderance of the evidence that a student loan servicer or private education lender has engaged in conduct that substantially interferes with a student loan borrower’s right to a flexible payment arrangement, right to the forgiveness, cancellation or discharge of a loan or right to any other financial benefit, as established under the terms of a student loan borrower’s - 82nd Session (2023) – 30 – promissory note or under the Higher Education Act of 1965, 20 U.S.C.Assembly Amendment No.

§§440 1071 et seq., and the regulations promulgated thereunder, the court shall award treble actual damages to theAssembly plaintiff,Bill butNo. in no case may the total award of damages be less thaSec.

332 Page 25 U.S.C.

§§ 1071 et seq., and the regulations promulgated thereunder, the court shall award treble actual damages to the plaintiff, but in no case may the total award of damages be less than $1,500 per plaintiff, per violation.

[3.

A person claiming loss in connection with tuition or fees as a result of an unfair business practice by a student loan servicer may file a complaint with the Student Loan Ombudsman designated pursuant to NRS 226.560.

The complaint must set forth the alleged violation and include any information required by the Student Loan Ombudsman.] Sec.

1.r1. plA violation of any provision of this chapter may also be a violation of chapter 598B of NRS, the Nevada Equal Credit Opportunity Law.

A violation of any provision of this chapter may also be a violation of chapter 598B of NRS, the Nevada Equal Credit Opportunity Law.

the1. Division and any state or federal agency investigating the of activities covered under the provisions of this chapter;

The Division, any authorized employee or representative of the Division and any state or federal agency investigating the activities covered under the provisions of this chapter;

657.005 As used in chapters 657 to 671, inclusive, of NRS, and the chapter consisting of sections 2 to 51, inclusive, of this act, unless the context otherwise requires, the words and terms defined -in 82ndNRS Session657.016 (2023)to –657.085, 31inclusive, –have the meanings ascribed to them in those sections.

inclusive, have the meanings ascribed Sec.

(e)Assembly PersonAmendment engagedNo. in the business of selling or issuing checks or of receiving for transmission or transmitting money or credits that is supervised pursuant to chapter 671 of NRS;

supervised440 pursuant to chapterAssembly 673Bill ofNo. NRS;ings bank that is (g) Person engaged in the business of lending that is supervised pursuant to chapter 675 of NRS;

332 Page 26 (e) Person engaged in the business of selling or issuing checks or of receiving for transmission or transmitting money or credits that is supervised pursuant to chapter 671 of NRS;

(f) Savings and loan association or savings bank that is supervised pursuant to chapter 673 of NRS;

(g) Person engaged in the business of lending that is supervised pursuant to chapter 675 of NRS;

The Commissioner shall determine the total amount of all assessments to be collected from the entities identified in subsection 1, but that amount must not exceed the amount necessary to recover the cost of legal services provided by the Attorney General to the total amount of all assessments collected must be reduced by any amounts collected by the Commissioner fromand anto entity for the recoveryDivision of theFinancial costsInstitutions. of legal services provided by the Attorney General in a specific case.

The total amount of all assessments collected must be reduced by any amounts collected by the Commissioner from an entity for the recovery of the costs of legal services provided by the Attorney General in a specific case.

(a) A portion of the total amount of all assessments as determined pursuant to subsection 2, such that the assessment collected from an entity identified in subsection 1 shall bear the - 82nd Session (2023) – 32 – same relation to the total amount of all assessments as the total assets of that entity bear to the total of all assets of all entities identified in subsection 1;

other4. assessment, fee or cost required by law to be paid by an entity identified in subsection 1.

The assessment required by this section is in addition to any other assessment, fee or cost required by law to be paid by an entity identified in subsection 1.

Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413,2,87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163,Assembly 126.730,Amendment 127.007,No. 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, - 82nd Session (2023) – 33 – 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, - 82nd Session (2023) – 34 – 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, section 49 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.

Any440 such copies, abstracts or memoranda may be used to supplyAssembly theBill mayNo. be used in any other way to the advantage of the governmental or entity or of the general public.

332 Page 27 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, Assembly Amendment No.

440 to Assembly Bill No.

332 Page 28 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, section 49 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.

Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.

A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to -subsection 82nd1 Sessionto (2023)inspect –or 35copy –or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.

(2)(1) RequireGive theaccess productionto ofproprietary informationsoftware; that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.

or (2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.

Secs.Assembly Amendment No.

57-59.440 to Assembly Bill No.

(Deleted332 byPage amendment.)29 Sec.

57.

[Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:

A postsecondary educational institution authorized to operate pursuant to this chapter shall:

1.

Present data about its completion rates, employment rates, loan or indebtedness metrics or its graduates’ median hourly or annual earnings that is consistent with any applicable data published by the Commission or the United States Department of Education.

2.

Disclose to the Commission any pending investigations by an oversight entity, including, without limitation, the nature of that investigation, within 30 days after the postsecondary educational institution’s first knowledge of the investigation.

For the purposes of this subsection:

(a) “Investigation” means any inquiry into possible violations of any applicable laws or accreditation standards.

(b) “Oversight entity” means:

(1) Any federal or state entity that provides financial aid to students of an institution or approves an institution for participation in a financial aid program.

(2) The Attorney General of the United States, the Office of the Attorney General of the State of Nevada or the United States Department of Justice.

(3) If applicable, any regulator that approves the operation of the institution.

(4) The Consumer Financial Protection Bureau or the Securities and Exchange Commission.

(5) Any accrediting agency.] (Deleted by amendment.) Sec.

58.

[NRS 394.570 is hereby amended to read as follows:

394.570 Funds to carry out the provisions of NRS 394.201 to 394.610, inclusive, and section 57 of this act shall be provided by legislative appropriation from the General Fund, and shall be paid out on claims as other claims against the State are paid.] (Deleted by amendment.) Sec.

59.

[NRS 394.610 is hereby amended to read as follows:

394.610 Unless a specific penalty is otherwise provided, a person who willfully violates the provisions of NRS 394.005 to 394.560, inclusive, and section 57 of this act is guilty of a gross misdemeanor.

Each day’s failure to comply with the provisions of these sections is a separate offense.] (Deleted by amendment.) Sec.

As soon as practicable after January 1, 2024, the Student Loan Ombudsman designated pursuant to NRS 226.560 and the Attorney General shall enter into the information-sharing agreement required by section 54 of this act.

[The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.] (Deleted by amendment.) Sec.

Sections 1 to [17, inclusive, and 19 to] 61, inclusive, of this act become effective:

and -(b) 82ndOn SessionJanuary (2023)1, –2024, 36for –all 3.)other OSectionpurposes. 17 of this act expires by limitation on the date on which the provisions of 42 U.S.C.

3.

[Section 18 of this act becomes effective on the date on which the provisions of 42 U.S.C.

Assembly Amendment No.

440 to Assembly Bill No.

332 Page 30 (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child;

or (b) Are in arrears in the payment for the support of one or more children,  are repealed by the Congress of the United States.

4.] Section 17 of this act expires by limitation on the date on which the provisions of 42 U.S.C.

§ 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

~~~~~ 23 - 82nd Session (2023)